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Example research essay topic: Does Trail By Jury Need Reform - 1,333 words

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H 2 >Question: How far do you agree with the proposal that trial by jury should be radically reformed? (note this is an English law essay) In the last year a number of legal reforms have been proposed by the current government. Firstly there are the Mode of Trial Bills, currently No. 2 is going through its readings. No. 1 failed to make it through the hose of Lords. Then there is the Auld report that recommends a radical restructuring of the court system and cutting down on the number of cases that are tried by the Crown Court. One area that all of these projects seek to reform is trial by jury as it is claimed to expensive, open to abuse and time consuming for all parties involved. There is no historical right to trial by jury.

The Magna Carter makes no reference to it, popular misconception not withstanding. Its first occurrence in a recognisable form can be seen the twelfth century, during the reign of Henry II. Here the jury consisted of the accused friends and neighbours rather than todays dozen randomly selected adults. Previous to this the jury was a Norman convention made up of 12 men prepared to swear on oath as to the persons innocence.

Failure to get the dozen men confirmed guilt since oaths then had a religious zeal and no one would run risk of eternal damnation by lying under oath. Trial by ordeal ceased in 1215 after it was condemned by pope innocent III. Trial by battle, to the death between accuser and defendant, existed by statute at the same time and was not repealed until 1819. A important and unique part of the English legal system is that of summary trail by magistrates.

In this a panel of, usually, three lay people hear the case and decide on fact, guilt and any punishment. Magistrates account for upwards of 97 % of all judicial hearings today. In 1855 such was the workload of indictable cases coming before the common law courts that an act was passed allowing such cases to be settled without a jury if the parties agreed to it. This attempt to speed up the wheels of justice created the either way cases that are now being blamed for slowing the same wheels down.

Over the next 150 years more offences were added to the either way list and more cases lost their entitlement to trial by jury most of them being civil cases. 1 Jury reform is both a popular academic question and one that has seen much attention from government and royal commissions. The last half of the twentieth century has seen a number of reforms of the jury system In brief these are: The first was the allowing of majority verdicts (1967). If a unanimous verdict is not forthcoming the judge may accept a majority verdict with either one or two dissenting votes depending on the size of the jury at the trials decision phase. 1974 saw the removal of the property qualification now jurors could be selected from the adult voting population between the ages of 18 and 70 subject to a number of exempt professions. Courts consisting of a single judge were introduced into Northern Ireland in the 1970 s to counter the problem of jury intimidation in terrorist cases. These Diploma courts exist today. Research into how juries reach their decisions was prevented by the Contempt of court act 1981 The Supreme Court Act 1981 specified for what civil cases could a jury could be empanel led and added that in civil cases where there is likely to be complex prolonged examination of accounts, scientific evidence trial by jury could be deemed against the best interest of justice.

There are a number of individual areas of jury reform being investigated. These are the jury composition and selection, the right to trial by jury and that of perverse verdicts. Each of these will be discussed in turn below. The juries act 1974 lists contains three parts outlining groups of people whom are either excused of right or ineligible for jury service.

Those not on these lists can try to be excused on grounds of professional or business loss that would be incurred or family commitments such as child care. An argument against juries s that they can not follow complex arguments. If members of the legal profession were eligible for jury service and others of the professional trades not excused on grounds of financial loss then the level of the juries understanding would rise. In New York state, America, everyone can be called to serve as a juror and judges & lawyers who have done so have found the experience enlightening. Long complex fraud, defamation or political trials could see a number of jurors drop out due to illness or stress and leave the jury below the minimum of ten for a crown court trial. The swearing in of reserve jurors if judge thinks case is going to go on for a long time to could prevent the jury becoming to small.

All jurors sit in and the panel of 12 is selected at end of trial. This would involve some alteration to the jury box but as court buildings are already receiving refits to upgrade their facilities in the jury waiting room the additional disruption would be minimal. Much of the blame for the juries failure to understand fraud cases is laid on the Serious Fraud Office and its inability to present the evidence in an understandable format not on an lack of intelligence of the jury. In England the defence has no right to object to jurors this being lost in 1988 despite there being no evidence that it was being abused to load a jury. Although the prosecution has retained theirs. Occasionally the jury will be vetted if there is danger of media induced bias adversely affecting the fairness of a trail.

The issue of race always arises when discussing juries. The jury is predominately white and those of other skin tones consider that they will not get a fair trail. Ethnic minorities are partly underrepresented by their failure to register as voters with 13 % of those from the Indian sub-continent and a quarter of all other minorities not registering. Both the Runciman and Auld reports suggest that the jury could be loaded to include three members of ethnic minorities with one of these from the defendants race if it is likely that race is going to be a major issue in the trial.

Although not a race issue the Welsh language also causes complications. In the principality legal proceedings can be conducted in Welsh rather than English. However few in Wales actually speak the language. Canada [still] has a similar problem with proceedings for French speakers and also the native Inuit language. Where a prospective juror is clearly unable to understand sufficient English the prosecution should use their right to stand by the juror. The defences peremptory challenge was abolished in 1988 because statically more cases were acquitted where the defence used this right than when they did not.

The right of election in either way cases was established in 1855. It was however a right granting of summary trail by magistrate and not the gaining of a right to trail by jury as modern opponents of trail by jury are saying or as the MP for Montgomery put it the Soviet-style rewriting of history. 2 The proposed Mode of trial (No. 2) bill is designed to reduce the number of either way cases that go to the crown court. It argues that the majority of defendants plead guilty when they reach the crown court. This figure ignores those who are acquitted and neglects to mention that often the CPS will down grade the original charges to something less severe, hopefully, giving a better chance of conviction. The reasoning behind the bill says that defendants choose the crown court be...


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